Commentary: The Roberts-Kagan compromise on Obamacare?

Even though the government needlessly gave itself an uphill burden by accepting the opponents' erroneous framing, the comments of Chief Justice John Roberts Jr. and Justice Elena Kagan suggested a compromise that might still save the health insurance mandate.

By Einer Elhauge|March 28, 2012 at 12:00 AM

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Note: This piece has been revised to reflect that the Affordable Care Act’s religious exemption is narrowly worded to apply only to a religion that “is conscientiously opposed to acceptance of the benefits of any private or public insurance which makes payments in the event of death, disability, old-age, or retirement or…medical care.”

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